Consider another scenario. X entered the U.S. with a valid tourist visa. X's tourist visa was cancelled. X then subsequently illegally entered the U.S. Due to health concerns, X left the U.S. on her own accord. Now, X's U.S. relative has sadly passed away in the U.S. and X wishes to attend the funeral. What can X do?
Under the Immigration and Nationality Act ("INA"), X is unfortunately permanently inadmissible in both scenarios. See INA Section 212(a)(9)(C)(i). No matter whether X has immediate relatives who may be able to petition for X, there is no legal means for X to legally enter the U.S.
Should X have a genuine fear of remaining in his/her native country, X could present himself/herself at the port of entry and request a credible fear hearing, and subsequently apply for asylum in front of an immigration judge. However, based on X's derogatory immigration history, X runs the risk of being detained for a minimum period of six months as an "arriving alien". See INA 235(b)(1)(B)(ii).
If X does not fear persecution in his/her home country, what possible remedy is available for X? Humanitarian parole may be an option.
Pursuant to the federal regulations, and INA 212(d)(5)(A), the Secretary of Homeland Security is authorized “in his discretion to parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission into the United States.” The Secretary has delegated his parole authority to USCIS, ICE, and CBP. To be clear, parole is a discretionary authority, and does not constitute an admission into the United States nor does it convey any benefits to the beneficiary. One common type of parole request is family reunification, and other emergent requests depending on the facts of individual cases.
Regarding family reunification, the government may consider several factors such as: Whether the request is designed to circumvent the normal visa issuance process, evidence of a bona fide relationship between the applicant and claimed relatives in the United States; and the age and mental and/or physical limitations of the family member who is seeking to be paroled into the United States.
In this scenario, X could request humanitarian parole through USCIS or at the port of entry through CBP. If at the port of entry, there are no set requirements, other than documentary proof as to why X needs to be in the U.S. and for how long.
Should X attempt to apply for humanitarian parole through USCIS, X should supplement the following:
Complete Form I-131 and include the filing fee for each parole applicant, complete Form I-134, Affidavit of Support for each applicant, a detailed explanation of the reasons why X is applying for humanitarian parole and for how long, and a detailed explanation as to why X would be ineligible for an immigrant visa. USCIS will typically send a response within 90-120 days. Further, applicants for humanitarian parole must be outside the U.S.